The preventive control of constitutional reforms
As a form of human rights protection
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In the United Mexican States there are two considerations:1. When there is an express restriction on human rights in the Constitution, this restriction must prevail over any other regulation (including that enshrined in international treaties).2. Against the process and the reform of the Constitution, there is no means of defence or to examine whether it does not violate already recognized human rights.Thus, in Mexico, it could be the case that a Constituted Legislative Power establishes more severe restrictions to Human Rights without a means of defense; therefore, it is necessary to study th...
In the United Mexican States there are two considerations:1. When there is an express restriction on human rights in the Constitution, this restriction must prevail over any other regulation (including that enshrined in international treaties).2. Against the process and the reform of the Constitution, there is no means of defence or to examine whether it does not violate already recognized human rights.Thus, in Mexico, it could be the case that a Constituted Legislative Power establishes more severe restrictions to Human Rights without a means of defense; therefore, it is necessary to study the feasibility of a preventive control of the Federal Constitution, in light of the principle of constitutional supremacy.
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